Legal Question in Wills and Trusts in California
My stepfather passed away in May 2009. In November 2009, my sister informs me that I was named in his will as the executor of his estate. She wants me to waive my right as executor, so she could become the executor (since she has power of attorney over my mother's estate). I would like to be the executor of the estate because my sister has excluded me from any estate information since my stepfather passed away. For instance, she will not allow me view my stepfather's will. She says she will have her attorney petition to the court excusing me as the executor. Can she and her attorney do this to me? How can I stand my ground and still be executor of my stepfather's estate?
1 Answer from Attorneys
Since you are apparently named by your step-father to be the Executor, you should demand that your sister turn over the will and any other important documents necessary for you to assume your duties. I don't know how much of your step-father's estate will actually require Probate, but you are entitled to statutory fees and your attorney (I strongly recommend you hire one) would also be entitled to compensation from the Estate (fees are calculated on a sliding scale). The Court will want to give your step-father's choice great deference over your sister.
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